Cape Elizabeth Town Hall Sentry file photo
CAPE ELIZABETH – The Cape Elizabeth Town Council discussed a disagreement about reverting state-mandated zoning changes for affordable housing. The amendments, initially approved in November, were revisited during the council’s most recent meeting, resulting in a 4-3 vote in favor of scaling back the changes to align solely with the state’s minimum requirements.
The amendments approved restrictions on the maximum size of an accessory dwelling unit, bringing it down to 800 square feet from the 1,100 square feet set in November.
The amendments faced initial opposition from councilor Susan Gillis, who cited deviations from the Ordinance Committee’s commitment to only include changes mandated by state laws. Timothy Reiniger, chair of the board, said, “the version approved in November veered from the Ordinance Committee’s commitment to the community that the changes would only include those mandated by the state laws. Of note, the November version would have enabled an estimated additional 1,200 housing units in residential neighborhoods with a resulting substantial impact on homeowner property taxes and, in particular, cost-burdened residents. The changes would only include those mandated by the state laws.”
Gillis called for reconsideration; a process deemed essential by Reiniger as a last step before a matter is deemed final.
“It is typically used when a lame duck outgoing board or council desires to enact major items that it knows stand little chance of being approved going forward,” Reiniger said.
The motion for reconsideration unfolded with a 4-3 vote, allowing for the subsequent amendments to be brought to the table.
The council’s decision to amend the state-mandated zoning changes sparked criticism from residents and former councilors. Specific concerns were raised about the potential impact on affordable housing.
Town Attorney Mary Costigan provided her legal opinion to the councilors prior to and during the town council meeting.
“The town attorney provided her legal opinion, and councilors had ample opportunity to question her prior to the voting,” Reiniger said.
The dynamics within the council, including the addition of newly-elected members and a change in leadership, appeared to play a role in the vote. The 4-3 decision to adopt substitute amendments, as drafted by Reiniger and amended by Anderson, showcased the divide within the council. “The prevailing side did not consider the changes substantive and therefore did not warrant undertaking processes as outlined by town charter and zoning ordinances,” said Reiniger.
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